Champaign County’s top prosecutor has dismissed murder charges against a Rantoul man accused of killing his infant foster son more than two years ago, citing the changed opinions of medical experts and additional evidence produced after the charges were filed as factors in her decision.
Patrick Kennedy, 37, whose last known address was in the 400 block of East Belle Avenue, had been charged in May 2014 in connection with the April 23, 2014, death of Daniel Lindholm-Wilkins, 7 weeks.
The unresponsive infant was taken to Carle Foundation Hospital shortly after 5 p.m. on April 17 with bleeding in the brain and rib fractures. He was declared brain dead six days later.
“Based on additional evidence we received after (Kennedy) had agreed to plead guilty, we submitted the case to an independent medical expert who disagreed with the conclusions that our original doctor had provided to us. Based on that, we determined we were unable to proceed with our case,” said Champaign County State’s Attorney Julia Rietz.
As Kennedy’s criminal case was pending, the state’s attorney’s office was also proceeding with a case against Kennedy and his wife, Theresa, in juvenile abuse and neglect court regarding the couple’s own son, then 3.
That abuse and neglect case was filed on May 6, 2014, a day after Theresa Kennedy had posted bond for her husband to be released from the county jail.
Rietz said Kennedy eventually surrendered his parental rights to his own child. The couple also divorced in April 2015.
Just days after the rejected guilty plea, Kennedy sent to Judge Richard Klaus, who was then presiding in the abuse case, a printout of an email that reportedly came from his wife.
Purportedly written in June 2014, the email said she had been upset with the infant on the morning of April 14, 2014, and had “thrown” him into his car seat.
Rietz said her office then presented that scenario, along with the observations of other adults who had seen Daniel early on April 14, to the original doctor who examined Daniel.
Rietz said the doctors, after reviewing the scenarios, found that the baby’s injuries — instead of happening just two hours before he went to the hospital — could have happened in the early morning and the symptoms of lethargy and not eating could have been developing throughout the day, leading up to the projectile vomiting that prompted Kennedy to call paramedics to his home.
“At this point, we don’t believe we can proceed on our case against Patrick Kennedy. We are filing pleadings in the juvenile abuse and neglect case regarding the surviving child,” she said.
“I’ve had four different attorneys on my staff working on this case,” Rietz said, adding all four agree a murder conviction for Patrick Kennedy based on the evidence they have would be unlikely.
“It’s frustrating but I have a responsibility to do justice. I also have a responsibility to charge cases that have a reasonable likelihood of success. So at this point, we are focusing on the child welfare case,” she said.
Rietz noted that there is no statute of limitations regarding the filing of murder charges should police develop more information.